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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7315
Experience:  Experienced in all aspects of immigration and nationality law.
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In 3 days I am Going to be a U.S Citizen and I want to bring

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In 3 days I am Going to be a U.S Citizen and I want to bring my wife(28 years old) and my Daughter(10 years old) to the USA. I want to know what is the quickest way bring them
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

There is only one way to bring them to the US - to petition for them to come and then once the petition is approved, for them to use the approved petition as the basis for their immigrant visas to the US. With this process, once they enter the US, they immediately become permanent residents, with one exception, which I'll explain later.

The process is simple. You have to submit form I-130, Petition for Alien Relative, for each family member separately.

Once this is approved, it will go to the National Visa Center, where it will be reviewed, and you will be asked to submit an Affidavit of Support with the fee.

After processing at the NVC, the case will go to the US consulate closest to where they live. They will be required to submit an immigrant visa application with fees. They also will undergo medical examinations and your wife will undergo an immigrant visa interview.

Once the visa application is approved and the visas are issued in the passports, they are eligible to travel to the US as immigrant. Upon entering the US, they will be considered permanent residents, and will get their green cards i the mail in about 4 to 6 weeks.

That whole process will take about 9 to 12 months, sometimes a little less.

There is one way to get them here sooner. It is called the K3 spousal visa. This is the exception I mentioned above. Once you've submitted the I-130 on their behalf, you will receive a I-797 REceipt Notice. With this, you can file form I-129F, Petition for Alien Fiance. I realize it is called a fiance form, but it is also used for the K3/K4 spousal visa and spousal dependent visa. This should take about 6 weeks to complete, sand if approved, they will be able to come to the US and await the completion of the I-130 petition and can then apply for adjustment of status instead of the process I have mentioned above, through the US consulate. The K3/K4 process takes approximately 6 to 9 months to complete.

There is one big problem with this process, though. The K3/K4 visas were created to help families be together at a time when the I-130 petition was taking a very long time to complete processing. Naturally, once the I-130 petition is approved, there is no use for the K3/K4 visas. So if the I-130 is approved before the consulate issues the K3/K4 visas, then the alien is no longer eligible for it. Currently it is not taking as long for the I-130 to get processed. So it is not very often that a K3/K4 visa is issued anymore. But sometimes it still is, so you might get lucky.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

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If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7315
Experience: Experienced in all aspects of immigration and nationality law.
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